Service Level Agreement (SLA)

This Schedule comprises the Service Level Agreement (SLA) as modified from time to time and posted in lieu of individual Notice at www.bitblock.com/SLA. The PROVIDER has spent considerable time and money to make available one of the most redundant networks available anywhere. This has been accomplished by the combination of the following:

1. All upstream connections make use of Cisco’s HSRP (hot standby router protocol)
2. Multiple upstream providers
3. All network devices have onsite spares
4. All key network components are monitored 24x7
5. Data is replicated to redundant storage systems
6. Data services are delivered by failover or load balanced systems

Scheduled Maintenance is comprised of regularly occurring tasks intended to maintain the peak performance of the Services.

Emergency Maintenance is comprised of any immediately required tasks intended in the PROVIDER’s sole opinion to halt the progression or reverse a critical threat of an immediate or impending security or reliability condition.

Recurring Monthly Fees are regular fees charged on a monthly basis for access to a Service such as User accounts, vServer accounts, Co-location space etc. and do not include consumption based fees such as bandwidth or storage charges.
SLAs applicable to specific Services are detailed below.

Network Performance Guarantee

The PROVIDER will maintain its network in such a manner as to provide the CUSTOMER the best possible performance connectivity to the Internet. In order to achieve this the PROVIDER makes the following guarantees on onsite network Services:

• 100% guaranteed uninterrupted transit to the Internet
• Zero packet loss internal to the PROVIDER network
• The PROVIDER's internal network will have an average latency of not greater than 1 ms (inter-city)
• The PROVIDER will deliver all CUSTOMER traffic to a Tier one Internet carrier[1] with an average latency not greater than 2 ms (intra-city)

In addition to the above performance guarantees the PROVIDER will take all possible measures to insure all CUSTOMER traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link. This SLA does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance, and will not exceed 20 minutes per month.

Co-location Services

The PROVIDER will provide 100% uninterrupted transit to the Internet to all co-location customers who have purchased said service from the PROVIDER. Should transit to the Internet become unavailable for a cumulative period up to one hour in any one calendar month (exclusive of emergency network or facility maintenance as noted above), Customer will receive a refund equivalent to one day of Customer’s pro-rated Recurring Monthly Fees for that month.

vServer Hosting Services

The PROVIDER will provide 100% uninterrupted access to the Customer’s vServer(s) who have purchased said service from the PROVIDER. Should service become unavailable for a cumulative period up to one hour in any one calendar month (exclusive of emergency network or facility maintenance as noted above), Customer will receive a refund equivalent to one day of Customer’s pro-rated Recurring Monthly Fees for that month.

Hosted Terminal Services (HTS)

While the PROVIDER undertakes all due diligence to provide a reliable and stable hosted environment the complex nature of Terminal Services and the variables the Customer’s own applications and use may effect the HTS. Any interruption experienced by the Customer must be a verifiable interruption of HTS at the point of origin, and does not include access problems the Customer may experience which may be caused by Internet connection or routing difficulties at the Customer location or application fault within the Customer’s session. If for any reason a Customer session is interrupted, but the Customer is able to reconnect, such a failure is likely Internet related, and does not constitute a failure of HTS. An inability to reconnect can occur as a result of a failed application with the Customer session. In this event, the PROVIDER support will correct or terminate the session to restore the Customer’s service.

HTS Service availability is measured across the HTS Platform and not on a specific component or specific User basis. HTS is operated with the goal of an overall 7x24 uptime exceeding 99.9%. Should HTS become unavailable for a cumulative period up to one hour in any one calendar month, Customer will receive a refund equivalent to one day of Customer’s pro-rated Recurring Monthly Fees for that month. Customer will receive an additional refund of one day of the pro-rated HTS fees for each additional hour, or portion thereof, of unavailability.

Scheduled Maintenance will be performed on all components of the Hosted Terminal Server Platform on no less than a monthly basis. Such maintenance MAY require User’s to log off and reconnect to HTS to transfer their session to an un-affected server. Scheduled maintenance will occur between the hours of 9:00 PM and 5:00 AM Pacific Time (Standard or Daylight as appropriate).

Emergency Maintenance will be performed as required to respond to issues detected by the PROVIDER or reported by any Customer which are of a critical security nature.

General

All announcements of impending scheduled maintenance or records of past emergency maintenance will be posted at www.bitblock.com/network. Scheduled Maintenance will be posted no less than 48 hours in advance, Emergency Maintenance will be posted before attempting the operation if possible, or at the latest, upon completion.
All refund calculations will be based on unavailability in one-hour increments. The above agreement does not cover outages caused by equipment and/or events not under the direct control of the PROVIDER or caused by individuals not directly employed by the PROVIDER.
Any and all refunds to Customer will not exceed fifty percent (50%) of the Customer’s Recurring Monthly Fees for the month in which the refund is paid.